Rudolph v. Ballard et al

Filing 22

MEMORANDUM OPINION by Senior Judge Thomas B. Russell on 7/18/2017 - 21 Motion to Dismiss is GRANTED. An appropriate order and judgment shall issue. cc: Counsel, Plaintiff-pro se(DAK)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
LOUISVILLE DIVISION
CIVIL ACTION NO. 3:16-CV-00342-TBR
WILLIAM E. RUDOLPH,

Plaintiff,

v.
RODNEY BALLARD, et al.,

Defendants.

MEMORANDUM OPINION
William E. Rudolph, a state inmate proceeding pro se and in forma pauperis, filed
this 42 U.S.C. § 1983 action against several correctional personnel, including Teresa
Bailey, whom he identifies as the Class D Coordinator of the Hardin County Detention
Center. [R. 1 (Complaint).] Two months ago, the Court granted summary judgment to
Rodney Ballard and Michael Durrett on the ground that Rudolph failed to exhaust his
administrative remedies before filing this lawsuit. [R. 18 (Memorandum Opinion).] It
appeared to the Court that judgment in Officer Bailey’s favor was appropriate for the
same reason. [R. 20 (Order of May 3, 2017).] Accordingly, the Court ordered Rudolph
to file a brief on or before May 21, 2017 addressing whether summary judgment in
Officer Bailey’s was warranted. [Id.] Rudolph filed no responsive papers, and Officer
Bailey has filed a motion to dismiss this action. [R. 21 (Motion to Dismiss).] For the
reasons set forth in the Court’s previous Memorandum Opinion, Officer Bailey’s motion
is well-taken. Therefore, Teresa Bailey’s Motion to Dismiss, [R. 21], is GRANTED.
An appropriate order and judgment shall issue.
Date:
cc:

July 18, 2017

Counsel of Record
Plaintiff, pro se

1